As the Supreme Court finds itself entangled in various ethical controversies, the thought of the apex court adhering to a judicial code of ethics is becoming more prevalent. The most recent voice to join this conversation comes from Justice Elena Kagan, who asserted during a recent speaking engagement at the University of Notre Dame Law School that a Supreme Court code of ethics would be a ‘good thing.’ Detailing her views, Kagan noted, “It would help in our own compliance with the rules and it would, I think, go far in persuading other people that we were adhering to the highest standards of conduct.”
While the Supreme Court seems to be in the process of developing its own set of ethical standards, the timeline is unfolding at a leisurely pace, sparking concern amongst interested parties. Kagan remained coy about the specifics, declining to reveal what was stalling progress. She subtly hinted, however, that there might be resistance within the Court itself, stating, “There are some things to be worked out. I hope that we can work them out.”
The notion of a judicial code of ethics for the Supreme Court raises several intriguing possibilities and prompts questions about the underpinnings of institutionalized ethics, particularly within the top echelons of legal establishments. The concept, while attractive on the face of it, presents challenges given the exceptional nature of the Supreme Court’s role and the unique pressures on its members. This ongoing discussion, with contributions from significant legal minds like Justice Kagan, will undoubtedly shape the direction of ethical governance in similar high-level legal bodies across the world.
Despite the serious contemplation surrounding the topic, Justice Kagan lightened the mood during her discourse at the University of Notre Dame Law School, charmingly handling a minor goof-up with her outfit choice. As she joked about breaching the gift limit with the host’s offered green clothing items – a tongue-in-cheek reference to Notre Dame’s football game against Ohio State – she reminded all present of the importance of levity, even in discussions of grave importance.
For more on Justice Kagan’s thoughts and the complete account, refer to the National Law Journal’s article.